In what circumstances will a deputy attorney general excuse a grand juror from sitting on a grand jury?

California, United States of America


The following excerpt is from Jackson v. Superior Court of Contra Costa Cnty., 235 Cal.Rptr.3d 896, 25 Cal.App.5th 515 (Cal. App. 2018):

Thus, in State v. Murphy (1988) 110 N.J. 20, 538 A.2d 1235, the prosecutors convened a grand jury to consider an alleged conspiracy to defraud various insurance companies. Before presenting evidence to the grand jury, a deputy attorney general identified for the grand jurors both the alleged perpetrators and the insurance companies that were victims of the purported fraud. Two of the grand jurors disclosed that they were currently employed by two of the insurance companies. Although the assignment judge supervising the grand jury was sitting and available in a nearby courthouse, the deputy attorney general did not inform the judge of the first juror's potential conflict of interest and possible bias, but instead, on his own initiative, excused the grand juror from sitting on the grand jury. ( Id. at pp. 12361237.) One of the responsible deputy attorneys general then instructed the jury foreperson to speak off the record with the second juror in order to investigate his potential bias. The foreperson apparently conducted the inquiry in the presence of the other jurors, and reported back that the grand juror was reluctant to say whether he wished to remain on the grand jury, but said he would be " 'a little prejudice[d].' " The grand jurors took a vote among themselves, and decided to retain the juror. ( Id. at p. 1237.)

Other Questions


Does the Attorney General have a valid case to argue that the only circumstances in aggravation listed in both the probation report and the sentencing memorandum submitted by the district attorney are the circumstances in which the sentence was imposed? (California, United States of America)
In what circumstances will the Attorney General and Deputy District Attorney be represented at the habeas corpus hearing? (California, United States of America)
Is a still-sitting juror entitled to be excused from a jury for improper sexual contact with a juror? (California, United States of America)
Does a report from a grand jury under section 939.9 of the Penal Code require that the report be based solely on an investigation conducted by the Grand Jury itself? (California, United States of America)
In what circumstances would a jury interpret a response from the Attorney General in response to a question of burden of proof? (California, United States of America)
In what circumstances will the Attorney General argue that challenged evidence at trial is not unduly prejudicial to a jury? (California, United States of America)
In what circumstances will attorney fees be awarded under the private-attorney general theory? (California, United States of America)
Can a juror be excused from a trial where the juror's answer to a question was so equiviable that the jury was unable to hear it? (California, United States of America)
In a death penalty case, in what circumstances will the Attorney General be found to have made an error in instructing the jury pursuant to the Briggs Instruction? (California, United States of America)
Can a letter between the Attorney General and Attorney General be admitted as a public record? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.